private nuisance Flashcards
(18 cards)
define private nuisance
An unlawful, indirect interference for a substantial length of time with a person’s right to enjoy or use his land in a reasonable way and is actionable in tort
what must the claimant show?
- valid claimant and defendant
- the was a interference
- that interference was unlawful
principle from Hunter v Canary Wharf?
To sue in private nuisance, a claimant must have a legal interest in the land affected
principle from Sedleigh-Denfield v O’Callaghan
A person can be liable for a private nuisance which he did not create, if he adopts the activity in question
principle from Tetley v Chitty?
the defendant must be the occupier of land or creator of nuisance
what type of interference is private nuisance with examples and cases?
indirect
noise - Sturges v Bridgeman smoke
fumes - Helen’s smelting v Tipping
principle from Halsey v Esso petroleum?
interference can be damage to property OR interference with comfort or the enjoyment of land
how to assess unreasonableness?
locality
duration
abnormal sensitivity
presence of malice
social utility of D
what are the potential defences and cases?
20 years prescription - Sturges v Bridgman
statutory authority - Allen v Gulf oil
CONSENT NOT PLANNING PERMISSION ALONE
Volenti - never succeeded (sturgess v Bridgman)
remedies with case?
injunctions, damages, abatement
Dennis v MOD
what is abatement?
eliminating the nuisance
case for locality?
Kennaway v Thompson
case for duration?
Bolton v Stone
case for abnormal sensitivity?
Mckinnon v Walker
case for presence of malice?
Hollywood silver fox farm v Emmett
case for social utility?
Dennis v MOD
what must the nuisance be?
indirect and usually continuous but there are exceptions
loss of amenity case examples?
Wheeler v Saunders - smells from pigs
Kennaway v Thompson - noise from boats
